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Why You Should Take a Misdemeanor Charge Seriously

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19 April, 2023

Misdemeanor charges are considered less severe offenses than felonies in Colorado, but taking them seriously is still important. Being charged with a misdemeanor can have significant consequences that can impact your life in numerous ways. These charges can result in hefty fines, probation, community service, and even jail time. Additionally, having a misdemeanor conviction on your record can have lasting effects on your employment opportunities, housing, and ability to obtain credit.

Some misdemeanors may have additional consequences, such as a suspension of your driver’s license, limitations on gun ownership, and restrictions on international travel. It’s important to understand the potential consequences of a misdemeanor charge in Colorado and to take them seriously by seeking the assistance of a skilled attorney who can help you navigate the legal system and work towards a favorable outcome.

Colorado has a system for assessing fines and costs based on the severity of the crime. A misdemeanor conviction can result in a significant financial burden affecting your future plans. It’s important to recognize the potential long-term consequences of a Colorado misdemeanor charge and take proactive steps to defend yourself against these charges.

Common Misdemeanor Charges in Colorado

There are many types of misdemeanor charges that individuals can face in Colorado.

While this is true, some charges are more common than others; these include the following:

  • DUI/DWAI: Driving under the influence or driving while ability impaired can result in misdemeanor charges if the individual’s blood alcohol level is below a certain limit.
  • Assault: Misdemeanor assault charges can result from a physical altercation that results in minor injuries, threats of bodily harm, or an attempt to cause bodily harm.
  • Domestic Violence: Misdemeanor charges can result from physical, emotional, or sexual abuse within a domestic relationship.
  • Theft: Theft of property valued at less than $2,000 can result in misdemeanor charges, while more valuable items can result in felony charges.
  • Drug Possession: Certain drugs, including marijuana, can result in misdemeanor charges in Colorado.
  • Disorderly Conduct: Disorderly conduct charges can result from disruptive behavior in public places, such as loud or offensive language, fighting, or disturbing the peace.
  • Trespassing: Entering or remaining on someone else’s property without permission can result in misdemeanor charges.

It’s important to note that each case is unique, and the severity of the charges can depend on the circumstances surrounding the alleged offense.

Potential Consequences for the Most Common Misdemeanor Charges

If you are charged with one of the misdemeanors above, knowing the potential consequences if you are convicted is important. This can help you understand why building a strong defense is so important.

DUI/DWAI

Being charged with DUI/DWAI in Colorado can have serious consequences, even if it’s your first offense.

  • Fines: First-time offenders can face fines of up to $1,000 for a DUI conviction and up to $500 for a DWAI conviction. Subsequent offenses can result in higher fines.
  • Jail time: A first-time DUI/DWAI conviction can result in a jail sentence of up to one year, while subsequent convictions can result in longer sentences.
  • License suspension: A first-time DUI/DWAI conviction can result in a license suspension of up to nine months, while a second conviction can result in a license suspension of up to two years.
  • Ignition interlock device: In some cases, individuals convicted of DUI/DWAI may be required to install an ignition interlock device on their vehicle. This device requires the driver to pass a breathalyzer test before the car can be started.
  • Alcohol education and treatment: Individuals convicted of DUI/DWAI may be required to attend alcohol education or treatment programs.
  • Increased insurance rates: A DUI/DWAI conviction can result in significantly higher insurance rates or insurance loss altogether.
  • Criminal record: A DUI/DWAI conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.

Assault

If you are convicted of misdemeanor assault, the potential consquences include the following:

  • Jail time: A misdemeanor assault conviction in Colorado can result in a jail sentence of up to two years.
  • Fines: Misdemeanor assault convictions can result in fines of up to $5,000.
  • Probation: The court may order probation, which may include conditions such as community service, counseling, or restitution.
  • Criminal record: A misdemeanor assault conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
  • Gun ownership: A misdemeanor assault conviction can result in losing your right to possess firearms.
  • Immigration consequences: A misdemeanor assault conviction can impact your immigration status and sometimes result in deportation.
  • Protective orders: In domestic violence cases, a misdemeanor assault conviction can result in a protective order, which can restrict contact with the alleged victim and limit your ability to possess firearms.

Domestic Violence

Potential consquences of a misdemeanor domestic violence charge include the following:

  • Jail time: A misdemeanor domestic violence conviction can result in a jail sentence of up to two years.
  • Fines: Misdemeanor domestic violence convictions can result in fines of up to $5,000.
  • Probation: The court may order probation, which may include conditions such as community service, counseling, or restitution.
  • Protective orders: A misdemeanor domestic violence conviction can result in a protective order, restricting contact with the alleged victim and limiting your ability to possess firearms.
  • Loss of gun ownership: A misdemeanor domestic violence conviction can result in losing your right to possess firearms.
  • Immigration consequences: A misdemeanor domestic violence conviction can impact your immigration status and sometimes result in deportation.
  • Employment consequences: A misdemeanor domestic violence conviction can impact your employment opportunities, particularly if you work in a field that requires background checks or security clearances.

Seeking help for any underlying issues that contributed to the domestic violence incident, such as substance abuse or anger management, can also be beneficial in mitigating the consequences of the charge.

Theft

The potential penalties for the conviction of misdemeanor theft in Colorado include the following:

  • Jail time: A misdemeanor theft conviction can result in a jail sentence of up to 18 months.
  • Fines: Misdemeanor theft convictions can result in fines of up to $5,000.
  • Probation: The court may order probation, which may include conditions such as community service, counseling, or restitution.
  • Criminal record: A misdemeanor theft conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
  • Immigration consequences: A misdemeanor theft conviction can impact your immigration status and sometimes result in deportation.
  • Increased insurance rates: A misdemeanor theft conviction can result in significantly higher insurance rates or insurance loss altogether.
  • Civil penalties: Besides criminal penalties, individuals convicted of theft may be subject to civil penalties, including restitution to the victim for any damages or losses incurred.

Drug Possession

Being convicted of misdemeanor drug possession carries the following potential consquences:

  • Jail time: A misdemeanor drug possession conviction can result in a jail sentence of up to 18 months.
  • Fines: Misdemeanor drug possession convictions can result in fines of up to $5,000.
  • Probation: The court may order probation, which may include conditions such as community service, counseling, or drug treatment.
  • Criminal record: A misdemeanor drug possession conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
  • Driver’s license suspension: A misdemeanor drug possession conviction can result in a suspension of up to six months.
  • Immigration consequences: A misdemeanor drug possession conviction can impact your immigration status and sometimes result in deportation.
  • Increased insurance rates: A misdemeanor drug possession conviction can result in significantly higher insurance rates or the loss of insurance altogether.

Disorderly Conduct

The potential consquences for a conviction of misdemeanor disorderly conduct include the following:

  • Jail time: A disorderly conduct conviction can result in a jail sentence of up to six months.
  • Fines: Disorderly conduct convictions can result in fines of up to $750.
  • Probation: The court may order probation, including conditions such as community service or counseling.
  • Criminal record: A disorderly conduct conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
  • Increased insurance rates: A disorderly conduct conviction can result in significantly higher insurance rates or insurance loss altogether.
  • Immigration consequences: A disorderly conduct conviction can impact your immigration status and sometimes result in deportation.
  • Restraining orders: Disorderly conduct charges can result in a restraining order, restricting contact with the alleged victim.

Trespassing

If you are charged with misdemeanor trespassing, some of the consquences you may face if convicted include the following:

  • Jail time: A misdemeanor trespassing conviction can result in a jail sentence of up to six months.
  • Fines: Misdemeanor trespassing convictions can result in fines of up to $750.
  • Probation: The court may order probation, including conditions such as community service or counseling.
  • Criminal record: A misdemeanor trespassing conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
  • Increased insurance rates: A misdemeanor trespassing conviction can result in significantly higher insurance rates or the loss of insurance altogether.
  • Immigration consequences: A misdemeanor trespassing conviction can impact your immigration status and sometimes result in deportation.
  • Civil penalties: Besides criminal penalties, individuals convicted of trespassing may be subject to civil penalties, including restitution to the victim for any damages or losses incurred.

How to Build a Strong Defense When Facing Misdemeanor Charges

If you face misdemeanor charges in Colorado, it’s important to build a strong defense to protect your rights and ensure the best possible outcome for your case.

Taking the following steps will help you do this:

Hire a Criminal Defense Attorney

An experienced attorney can provide invaluable guidance throughout the legal process, helping you understand your rights and working to build a strong defense strategy tailored to your unique circumstances.

Review the Evidence

Your attorney can help you review the evidence against you, identifying any weaknesses or inconsistencies in the prosecution’s case that can be used to your advantage.

Identify Witnesses

If there were any witnesses to the alleged offense, your attorney could help you identify and interview them, obtaining statements that can help support your defense.

Consider Plea Bargaining

In some cases, negotiating a plea agreement with the prosecution may be beneficial, resulting in lesser charges or penalties. Your attorney can help you evaluate the pros and cons of a plea agreement and negotiate on your behalf.

Build a Defense Strategy

Your attorney can help you build a defense strategy tailored to your case, which may involve challenging the evidence against you, presenting evidence in your favor, or raising affirmative defenses, such as self-defense or duress.

Prepare for Trial

If your case goes to trial, your attorney can help you prepare, including identifying potential jurors, presenting evidence, and cross-examine witnesses.

Seek Help for Underlying Issues

Addressing any underlying issues that contributed to the alleged offense, such as substance abuse or mental health issues, can be beneficial in building a strong defense and mitigating the consequences of the charges.

Building a strong defense takes time, effort, and resources, but protecting your rights and ensuring the best possible outcome for your case is essential.

Contact The Law Offices of Stephen J. Pisani, LLC, for Help with Your Misdemeanor Charges

If you were charged with a misdemeanor in Colorado, contact our legal team for help. We will work to build a strong defense for your case and reduce the charges against you.

Why You Need an Attorney for Misdemeanor Charges

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24 August, 2022

If you have been charged with a misdemeanor, you may be tempted to represent yourself in court. After all, the penalties for a misdemeanor are typically not as severe as those for a felony, and you may feel confident that you can explain your side of the story to the judge. 

However, there are several good reasons why you should consider hiring a defense attorney. First of all, misdemeanors can still result in jail time, and an experienced attorney will know how to argue for leniency on your behalf. Secondly, a conviction will go on your criminal record, which can make it difficult to find a job or housing in the future. Finally, an attorney can help ensure your rights are protected throughout the legal process. 

If you are facing misdemeanor charges in Colorado, don’t try to go it alone. You can cushion the impact of your charges by getting the best defense attorneys in Colorado to represent you in court.

What is a Misdemeanor?

In the United States, criminal offenses are classified as felonies or misdemeanors. Felonies are major crimes that attract severe penalties such as lengthy jail terms or even death sentences, while misdemeanors may attract lower punishment. 

Most states have a one-year jail term limit for misdemeanors. As a result, you may be inclined to believe that misdemeanors do not affect your record. However, having a minor charge on your criminal record might have serious consequences. 

In Colorado, your jail term will vary based on the intensity of your crime. According to Colorado law, there are different classes of misdemeanors, and the judge will pass sentences based on the guidelines of the misdemeanor. 

An Overview of Colorado Misdemeanor Crime Classes and Penalties

Class 1 Misdemeanor

The most serious type of misdemeanor in Colorado is a Class 1 misdemeanor. These include property theft, unlawful sexual contact, indecent exposure, and criminal mischief. The average jail term that you may get for this crime is 6 to 24 months, depending on the circumstances surrounding your case. However, if you assault any health professional or a first responder, your jail term may be higher, ranging from 24 to 48 months. 

If you are accused of a class 1 misdemeanor, getting the most experienced defense attorney on your case is your best bet. This way, you stand a chance of getting a lower sentence. 

Class 2 Misdemeanor

Invasion of privacy, criminal trespass, and criminal tampering are some of Colorado’s more common class 2 misdemeanors. If found guilty of any of these charges, you may be sentenced to a minimum of three months and a maximum of 364 days in jail. 

Class 3 Misdemeanors

These are the least serious crimes that are considered misdemeanors in Colorado. They include harassment, prostitution, disorderly conduct, and firework offenses. If you are accused of such a misdemeanor, your punishment may range from a $50 fine to a $750 fine. You may also get a jail term of six to twelve months. The upside to such a crime is that you can have it expunged from your record.  

Unclassified Misdemeanors

In every state, some misdemeanors may not fully fit into the classes defined. They, therefore, fall into the “unclassified category.” For instance, gambling and some unique traffic offenses may not fall into the same category as other misdemeanors. In cases where the law points out a crime as a misdemeanor but does not give the guidelines on the jail term, the judge can sentence you to up to 364 days.  

What Are the Benefits of Hiring an Experienced Defense Lawyer?

You are probably weighing your options to see whether hiring a defense attorney is worth the extra buck you will have to pay. Well, it sure is. Having a lawyer on your side has numerous advantages. Here are just a few examples:

A Lawyer Will Help Protect Your Rights

Regardless of the allegations you face, you have the right to plead innocent and defend yourself. While it is feasible to represent yourself in court, hiring a lawyer will secure the best possible outcome because your defense counsel is well-versed in the law. They can examine any problem and devise a solution that protects your rights. If you’re in doubt, you can always consult them and find the best way forward. 

A Lawyer Will Help You Avoid Criminal Records

If you are a first-time offender, you are most likely concerned about the fate of your criminal record. You don’t want the misdemeanor on your record to tarnish your reputation. Having defense attorneys represent you in court can assist you in avoiding such charges. Your lawyer can have your charges dropped or even erased from your record.

A Lawyer Will Help You Avoid Heavy Punishments

Your punishment may differ based on the severity of your crime and the classification of your misdemeanor. However, if you plead guilty, having a great defense attorney will lessen your sentence or the punishment the judge imposes on you. A skilled attorney will know how to negotiate a favorable sentence with the judge.

A Lawyer Will Appear in Court on Your Behalf

When you are charged with a misdemeanor, the world does not come to a halt. There may be occasions when you must attend an essential work meeting or be present for your loved ones. This is where your lawyer comes in.

Your attorney can appear in court on your behalf if you have a legitimate reason to be absent. This is especially useful if you are unable to attend court. For example, if you are very ill and unable to appear in court, having your attorney accompany you would be ideal.

A Lawyer Will Give You Specialized Attention

The state has the legal right to provide you with a defense attorney for your case. While this may be less expensive than employing your own defense attorneys, it may not be the best solution to your problem.

State defenders frequently work with a large number of criminals, making it difficult to focus on your case and give it the attention it deserves. On the other hand, private defense attorneys will devote their whole attention to your case. Depending on your agreement and hourly charges, you may have enough time to discuss your case with your private defense attorneys and devise a way out of the mess you are in. 

What Should You Do if You Are Arrested for a Misdemeanor?

Whether it is your first or seventh time being arrested, you are bound to freak out. Sadly, most people get into more trouble due to irresponsible behavior during an arrest. So, what should you do if you are arrested for a misdemeanor? 

Do Not Resist Arrest

The first tip you should always have in mind any time a police officer approaches you is never to resist arrest. In most states, that crime will attract additional penalties to your misdemeanor. It gets even worse if you violently assault the arresting police officer. 

Remain calm during the entire period of your arrest and respectfully ask why they are arresting you. You have a right to know why the police are arresting you.

Ask For Your Attorney

The next thing you should do is request an attorney. With all the tension surrounding your arrest, you need a voice of reason to help you figure out your next steps. And who better to do the job than your defense attorney

During an arrest, one of your most important rights is the right to legal representation. You should be allowed to call your attorney after an arrest.

Remain Silent

Another thing you should do is keep silent during the entire arrest period. One of the things that your arresting police officer should inform you is that you “have the right to remain silent since anything that you say may be used against you in a court of law.” Sometimes the officer may ask questions that may incriminate you in the long run. Even when the questions seem innocent and harmless, do not engage with the officers until you speak to your defense attorney.

Most defense attorneys advise that clients should not speak to the police without their legal representative.  

Remember the Details of Your Arrest

Things may happen so fast during your arrest that some of them escape your notice. However, it will pay to remember everything that happens. In cases where your rights were violated, you may have a slight chance of getting a lighter sentence or getting the charges dropped altogether.

So try your best to remember every word the officer said and every action they made during your arrest. Narrate all that to your defense attorney as soon as you can. 

Let Us Fight Your Case for You!

You might have heard stories of people getting outrageous sentences for minor misdemeanors. Without legal representation, you may worsen your situation and incriminate yourself when you take the stand. Fortunately, you do not have to go through your trial alone.

Contact the Law Offices of Steven J. Pisani, LLC, and let us fight for you. Our defense attorneys are the best in Colorado and have the best training and experience to get you through any charges and come out with a favorable outcome. Whether you are innocent or guilty, we are here to help. We believe in second chances, and we will help you convince the judge and jury as well. Reach us today and start building your defense.

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